diversity committee report

Transcription

Dear Clients and Friends:
As we settle into the new year, we are reminded of the toll the recent economic downturn has taken
on many businesses. The past year was a challenge for businesses, and it looks like 2010 will be just as
challenging. As your team member, we worked to find new ways to expand client services, add value to your
business and control costs for you without diminishing the quality of legal services we provide. This was
critical in 2009 and will continue to be critical in 2010.
Meeting the Challenge
As the old saying goes, “When the going gets tough, the tough get going.” Over the past year or so, the
going has definitely become tougher, but Winstead met the challenge of these times serving as a trusted advisor and creating additional
value for our clients. The highlights included in this year’s Firm Report are examples of how we leveraged the breadth and depth of our
experience to help solve problems and achieve results for our clients.
At Winstead, serving as a trusted advisor is more than just responding to client requests in a timely manner. Our attorneys collaborate
with you to scrutinize potential business opportunities, and when necessary, anticipate issues before they become a problem. We focus
on listening to your concerns, studying your business goals and understanding your industry so we can deliver real value and solutions that
make a difference for you.
Looking Ahead
Winstead’s role as a trusted advisor is critical to your success, which is why our approach to client service will continue to emphasize the
following principles in 2010:

Do what we do best
Continue to provide cost-effective, superior legal services and value to you.

Answer the call to duty
Meet with you to candidly discuss how we can improve our service and how we can collaborate with you to effectively budget
and forecast legal fees and eliminate inefficiencies, including exploring Winstead’s Alternative Pricing Arrangements where
appropriate.

Continue to improve our diversity
Remain focused on Winstead’s diversity initiatives, including the recruitment, retention, development and advancement of men
and women of all backgrounds so that our client teams reflect the diversity of our clients and our communities.

Remain steadfast in our Core Values
Stay the course in carrying out the firm’s core values, which include teamwork, excellence, personal growth, respect, integrity,
dependability, intensity, service and commitment.
Thanks to the hard work and dedication of our talented team, we are pleased to report that we have made progress in executing our
strategic plan, which is to develop and leverage our dominant core competencies in industries where we are market leaders, including
financial services, real estate, energy, alternative energy, insurance, sports, infrastructure and technology—to name just a few.
While we will continue to be conservative in managing the firm in the current economic climate, we are continuously optimistic about the
future. We are confident we have the best team in place and the right long-term business strategy to help you as the economy improves.
You have entrusted us with a great level of responsibility and I am confident that we will continue to honor that trust in 2010 and beyond.
There are many outstanding law firms to choose from. That’s why we believe we must continue to earn your trust each day by remaining
completely client-focused so that our work benefits our clients first and foremost, and not the other way around.
We thank you for choosing Winstead to handle your most important legal matters. We appreciate your business and we remain committed
to earning it everyday. Together, with the Winstead team, we can make 2010 a better year.
If Winstead can be of assistance to you in any way, please feel free to contact me personally at dbraham@winstead.com or contact your
regular representative at our firm.
Denis Clive Braham
Chairman & CEO
TABLE OF CONTENTS
Winstead Practice Leaders............................................................. 6
BUSINESS & TRANSACTIONS
Business Restructuring/Bankruptcy............................ 10
Corporate, Securities/Mergers & Acquisitions.......... 10
Finance & Banking...........................................................12
Government Relations....................................................13
Public Finance...................................................................13
Public & Regulatory Law................................................15
Real Estate Development & Investments...................16
Taxation, Employee Benefits & Private Business.......17
Wealth Preservation....................................................... 18
LITIGATION & DISPUTE RESOLUTION
Appellate...........................................................................19
Commercial Litigation.....................................................19
Construction.................................................................... 20
Energy & Environmental Law........................................21
Intellectual Property...................................................... 23
Labor, Employment & Immigration............................. 24
Real Estate Litigation..................................................... 25
Tort & Insurance Litigation........................................... 25
Professional Excellence................................................................ 28
Diversity Committee Report.......................................................30
Community Relations & Pro Bono Report................................ 32
Leadership Winstead . ..................................................................34
New Attorneys & Newly-Elected Shareholders...................... 35
WINSTEAD PRACTICE GROUP LEADERS
At Winstead, we help our clients solve their toughest business challenges. And that means focusing on a multitude of practice
areas from business and transactions to litigation and dispute resolution. Led by a qualified team of attorneys and experienced
professionals, each practice area delivers the perfect combination of practical knowledge and responsive service.
Note: Listed practice group and department leaders reflect the firm’s roster as of 12/31/09.
BUSINESS & TRANSACTIONS DEPARTMENT
Business & Transactions
Department Leader
Edward A. Peterson
214.745.5642
epeterson@winstead.com
Public & Regulatory Law
Business Restructuring/Bankruptcy
Phillip L. Lamberson
Practice Group Leader
214.745.5180
plamberson@winstead.com
Andrew Kever
Practice Group Co-Leader
512.370.2845
akever@winstead.com
Corporate, Securities/M&A
Real Estate Development & Investments
Mark G. Johnson
214.745.5600
mgjohnson@winstead.com
Mike C. McWilliams
214.745.5631
mmcwilliams@winstead.com
Finance & Banking
Taxation, Employee Benefits & Private Business
Michael W. Hilliard
214.745.5843
mhilliard@winstead.com
Thomas R. Helfand
214.745.5342
thelfand@winstead.com
Government Relations
Wealth Preservation
William LaForge
202.572.8016
wlaforge@winstead.com
John F. Bergner
214.745.5289
jbergner@winstead.com
Forrest C. Roan
512.370.2999
froan@winstead.com
Public Finance
M. Paul Martin
210.277.6801
pmartin@winstead.com
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Winstead serves a vast range of industries. The following represents just a few of our key industries that we serve: alternative energy,
biotechnology, construction, energy & natural resources, environmental, financial services, government, healthcare, insurance, nanotechnology, real estate, sports business & public venues, technology, telecommunications and transportation.
LITIGATION & DISPUTE RESOLUTION DEPARTMENT
Litigation & Dispute Resolution
Department Leader
Jay J. Madrid
214.745.5709
jmadrid@winstead.com
Intellectual Property
Appellate
Labor, Employment & Immigration
Craig T. Enoch
512.370.2883
cenoch@winstead.com
Thomas E. Reddin
214.745.5650
treddin@winstead.com
Commercial Litigation
Real Estate Litigation
Wayne W. Bost
512.370.2859
wbost@winstead.com
Brian Thompson Morris
bmorris@winstead.com
214.745.5714
Stanley R. Moore
214.745.5110
smoore@winstead.com
Construction
Stewart Whitehead
512.370.2854
swhitehead@winstead.com
Energy & Environmental Law
Thomas T. Hutcheson
713.650.2717
thutcheson@winstead.com
Government Enforce. & Reg. Industries Lit.
Linda J. Burgess
512.370.2881
lburgess@winstead.com
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WINSTEAD INDUSTRY GROUP LEADERS
Note: Listed industry group and client team leaders, and executive committee members reflect the firm’s roster as of 12/31/09.
INDUSTRY GROUP LEADERS
Alternative Energy Industry
Nanotechnology Industry
Andrew Kever
Industry Group Leader
512.370.2845 direct
akever@winstead.com
Robert C. Shaddox
713.650.2764
rshaddox@winstead.com
Biotechnology Industry
Real Estate Industry
Jeffrey R. Harder
281.681.5931
jharder@winstead.com
T. Andrew Dow
Industry Group Co-Leader
214.745.5387
adow@winstead.com
Energy Industry
Real Estate Industry
Thomas T. Hutcheson
713.650.2717
thutcheson@winstead.com
John M. Nolan
214.745.5251
jnolan@winstead.com
Financial Services Industry
Sports Business & Public Venues Industry
John P. Kincade
214.745.5707
jkincade@winstead.com
J. Kenneth Kopf
214.745.5315
kkopf@winstead.com
Financial Services Industry
Technology Industry
Keith H. Mullen
214.745.5839
kmullen@winstead.com
Ross T. Robinson
214.745.5185
rrobinson@winstead.com
Healthcare Industry
Turnaround & Workout Industry
T. Andrew Dow
214.745.5387
adow@winstead.com
Jennifer D. Knapek
214.745.5230
jknapek@winstead.com
Insurance Industry
Turnaround & Workout Industry
Alex Gonzales
512.370.2887
agonzales@winstead.com
J. Frasher Murphy
214.745.5486
fmurphy@winstead.com
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WINSTEAD EXECUTIVE COMMITTEE & MANAGING SHAREHOLDERS
Denis Clive Braham
Chairman and CEO
713.650.2743
dbraham@winstead.com
Alex Gonzales
Managing Shareholder-Austin
512.370.2887
agonzales@winstead.com
Herb Albritton
Executive Director
214.745.5770
halbritton@winstead.com
Jeffrey A. Hage
Managing Shareholder - Dallas
214.745.5347
jhage@winstead.com
Michael F. Alessio
Executive Committee Member
214.745.5144
malessio@winstead.com
G. Thomas Boswell
Managing Shareholder - Fort Worth
817.420.8210
tboswell@winstead.com
David L. Dawson
512.370.2847
ddawson@winstead.com
Thomas J. Forestier
Managing Shareholder - Houston
713.650.2749
tforestier@winstead.com
Roland Love
214.745.5198
rlove@winstead.com
Jeffrey R. Harder
Managing Shareholder - The Woodlands
281.681.5931
jharder@winstead.com
Peyton N. Smith
512.370.2809
psmith@winstead.com
Teresa Letson Schneider
Deputy Managing Shareholder - Houston
713.650.2709
tschneider@winstead.com
John M. Nolan
214.745.5251
jnolan@winstead.com
M. Paul Martin
Managing Shareholder - San Antonio
210.277.6801
pmartin@winstead.com
Michelle I. Rieger
214.745.5416
mrieger@winstead.com
William LaForge
Managing Shareholder - Washington, D.C.
202.572.8016
wlaforge@winstead.com
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WINNING FOR OUR CLIENTS
services company as agent and lender in connection
with Chapter 11 case of a Kentucky coal mining
operation. The lenders are owed approximately $75
million.
BUSINESS & TRANSACTIONS
DEPARTMENT
 Represented a group of secured lenders with claims in
excess of $100 million as part of $1.72 billion working
capital facility and $665 million revolver facility to the
SemGroup Companies and their affiliates that were
involved in the gathering, transportation, storage,
distribution, marketing and other midstream services of
petroleum products.
Business Restructuring/Bankruptcy
Represented one of the largest financial institutions
owned by a Texas-based company as agent and lender,
in the largest Chapter 11 bankruptcy filing for a nonpublic company in Colorado history. Successfully
negotiated a settlement between the lender group,
the debtor, and the Creditors’ Committee, forming
structure for debtor’s plan of reorganization.
 Represented owner of a Class A high rise condominium
project in single asset real estate bankruptcy case
involving efforts to restructure and reorganize
approximately $60 million in debt and equity financing.
 Represented a large financial services company and
a large Swiss bank as pre-petition lenders and exit
financing lenders in the Wyoming Ethanol, LLC case
pending in Cheyenne, Wyoming. This case was one of
the largest bankruptcy cases ever filed in Wyoming.
We successfully negotiated a plan of reorganization
and exit financing arrangement on behalf of our clients.
 Represented a national mortgage default services
industry participant in successful dismissal of putative
class action lawsuit commenced in the United States
Bankruptcy Court for the Southern District of Texas,
alleging illegal fee splitting scheme and violations of
bankruptcy stay and post-confirmation injunction.
 Represented a publicly traded bank and financial
with a national media and communications company.
We assisted the bank with the restructure and
amendment of a $400 million credit facility with
approximately 140 lending entities to a media and
publishing company with operations throughout the
United States. The result reduced our client’s exposure
by two-thirds.
 Represented a private investment firm and a leading
global financial services company as the majority
bondholders of ASARCO, LLC in connection with the
company’s Chapter 11 case in Corpus Christi, Texas.
ASARCO is one of the largest copper miners and
refiners in the U.S. The majority bondholders, who
are owed more than $400 million, were one of the
primary suitors for the company, and we assisted them
in filing and prosecuting a plan to gain control of the
company. There are currently two plans presented for
confirmation that will pay all creditors in full.
services company as agent and lender, in the
restructure of a credit agreement to a subsidiary of a
company in Monterrey, Mexico whose main business is
manufacturing and exporting to China.
 Practice Highlight - Welcome Michael P. Massad, Jr.
In August 2009, Mike Massad joined our group as
a shareholder. Mike brings more than 30 years of
experience as a bankruptcy attorney to our group, and
we are very excited to have him join us.
with loans totaling $360 million to a casino joint
venture in North Las Vegas, Nevada.
Corporate, Securities/Mergers & Acquisitions
 Represented a national bank in connection with sale
of credit card receivables portfolio for approximately
$300 million and sale of credit card servicing division
for approximately $30 million.
with the Chapter 11 case of an offshore energy
exploration and production company. The Chapter 11
case went from filing to plan confirmation hearing in
90 days. The lending syndicate was paid in full on the
effective date.
 Served as general counsel to a major Texas city in
connection with its $300 million 800-room convention
center hotel.
 Represented a national hospitality company in
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connection with the financing and structuring of the
1,000-room, $500 million Dallas convention center
hotel.
 Represented a private issuer in its $20 million private
placement of Series F Preferred Stock.
 Represented a major arena operating company in
connection with $9 million equipment acquisition.
 Represented a large NYSE-listed casual dining and
entertainment company in connection with a Rule
144A private offering of $295.5 million of senior
secured notes.
 Represented a leading chemical distribution company
in its $7.5 million acquisition of a Mexican chemical
distribution business.
 Represented a National Football League team
in connection with refinancing of $400 million
outstanding senior notes.
 Represented a leading carbon blacks company in its
acquisition of a major carbon nanotube manufacturing
business.
 Assisted an energy services company in conducting a
successful bondholder consent solicitation to amend
$200 million senior secured notes and replacement
of current revolving credit facility with a $20 million
senior secured notes offering.
 Represented a privately held regional steel distribution
company in $25 million sale of its business to a publicly
held Canadian strategic buyer.
 Represented a privately held real estate holding
company in connection with $3 million preferred
equity capital infusion.
 Represented a public company in connection with
proxy contest regarding election of directors and going
private transaction.
 Represented a public pharmaceutical company in
connection with the sale of a foreign manufacturing
facility to a private company purchaser.
 Representing a real estate partnership in connection
with $15 million private placement of limited
partnership units and acquisition of 1,200 acres from
public river authority.
 Represented a public pharmaceutical company in
connection with the $95 million acquisition of a
wholly-owned operating subsidiary of a pharmaceutical
company.
 Representing a privately held company in $5 million
preferred equity private placement for advisor and
manager for multiple to-be-formed private investment
funds.
 Represented a client in equity placement for purchase
and rehabilitation of apartment projects.
 Represented a Bermuda reinsurance company in a
Reg. D private placement of its securities to U.S. based
investors.
 Represented client in connection with special
shareholders meeting and private placement of shares
to effect change of control.
 Representing a large land acquisition company in the
formation of a private equity fund to invest in custom
home builders active in Atlanta, Dallas, Houston and
Phoenix.
 Represented a client in connection with two private
placements of Series A Convertible Preferred Shares.
 Represented owners of an oilfield services company in
connection with their sale of a majority interest in the
company to a private equity fund.
 Represented a national investment bank in connection
with a Rule 144A underwriting of $82 million in
revenue bonds to finance the construction and
operation of 1,500 family housing units at major U.S.
Army bases.
 Represented seller in $20 million sale of oil and gas
services partnership to venture capital fund.
 Represented two national investment banks in
connection with the private placement of $82 million
in senior debt obligations by the Army Air Force
Exchange Service to finance the construction of a
lifestyle center at a major U.S. Army base.
 Created $30 million fund for the acquisition of
distressed real estate assets in Texas, New Mexico,
California and Florida.
 Represented a Nasdaq-listed company in connection
with successful proxy contest and with acquisition of
assets of division of a publicly traded competitor.
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 Represented a bank holding company in connection
with $40 million private placement of preferred stock.
 Seller representation of venture-backed technology
firm in connection with asset sale to private equity
firm.  Represented private interests in the $22.5 million
purchase of a 50% interest in the Houston Dynamo
MLS soccer team.
 Assist with $40 million private placement and holding
company restructure for Austin-based home building
company.  Representing a client in the formation of a $50 million
real estate fund.
 Represent client in connection with Texas ETF financing.  Representing a leading provider of distributed
temperature sensing systems in general corporate,
employment and related matters, including a
$6 million Series C financing.
 Assisting with securities issues related to tender offer
and restructure of debt offering.
 Representing a NYSE-listed company in connection
with $250 million Rule 144A private placement of
senior notes.
 Representing a leading provider of performance
and security testing systems in corporate, licensing,
employment and litigation matters, including a
$15 million Series C financing.
 Representing an aerospace and defense supplier in
connection with potential sale of business valued at
approximately $300 million.
 Represented an acute care hospital and hospital
management company in a series of refinancing and
restructuring transactions.
Finance & Banking
 Negotiation of significant clinical research agreements
and clinical study agreements in connection with
commencement of Phase 3 clinical trials for cancer
research company. Also assisting with funding
initiatives.
 Representation of the Administrative Agent in the
complex restructuring and redocumentation of over
$2 billion loan facility to a public borrower in the
midstream pipeline industry. As part of the restructure,
we represented the Agent in analyzing whether to
consent to asset sales of approximately $5 million.
 Representing a leading national venture capital firm
in several of their investments in portfolio companies
in the life science industry, including $20 million PIPE
transaction and $50 million merger.
 Representation of the Administrative Agent in complex
amendments of $1 billion+ of loan facilities to a media
and publishing company and to television broadcast
companies.
 Representing a public Nasdaq biotech company in
connection with takedown financings from an S-3
shelf registration statement and with its regulatory
compliance issues and Nasdaq listing issues.
 Representation of Administrative Agent in connection
with $700 million senior credit facilities to several
borrowers in the telecommunications industry.
 Formation of a $10 million private equity fund and
related private placement offering.
 Representation of the Administrative Agent in a $1
billion syndicated revolving credit facility secured by
oil and gas properties located in 10 states, including
attention to issues relating to certain limited recourse
affiliates.
 Representing 1934 Act reporting company in
connection with shell reverse merger transaction.
 Venture capital representation in connection with $3.5
million Series B financing of Austin-based Web venture.
 Restructure and redocumentation of two existing
unsecured borrowing base revolving credit facilities
totaling $435 million, led by different Administrative
Agents, to a national single family home builder into a
single secured line.
 Representing a client in connection with public-private
joint venture for the development of 6,000 MW energy
generation and transmission project. Assisting with
related $40 million private placement offering and
$500 million debt offering.
 Representation of the borrower in connection with
$435 million syndicated, secured senior credit facility
to finance construction of an NFL football stadium.
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 Representation of the Administrative Agent in $400
million syndicated credit facility secured by producing
oil and gas properties located in Kentucky, Tennessee,
New Mexico and Texas.
meetings with corporate representatives and
foundations, and assisted with raising $1 million for the
center’s research.
 Advising a manufacturer of valves for fire hydrants
in working with one of the largest metropolitan
cities in the country to change more than 4,000
defective valves with minimum bureaucracy and
media attention. Our team is working closely with a
major public relations company to help meet with key
decision makers at the city level.
 Restructure of more than $175 million in loans
involving the preeminent mixed-used development
in Dallas. The projects include a sports facility and
entertainment venue, a premier hotel, Class A office
buildings, high-rise condominium projects, mid-rise
condominium projects, a music venue, and retail
scattered throughout the entire mixed-use project.
The deal involved admitting into ownership and
management of a group of foreign investors (totaling
over 1,800 in number), and working through the
complex issues of separate ownership of different
properties formerly owned and operated as an
integrated mixed-use project, including matters
involving parking allocation and usage, and zoning
rights related thereto, mineral rights development
and restrictions, helicopter landing rights to a rooftop landing pad, numerous separate condominium
declarations and associations governing the various
separate condominium regimes, and the overall
operations of the entire project.
 Assisted an international construction company with
entering the Texas market for contracting with the
Texas Department of Transportation and other local
municipalities for construction of major roadways,
bridges, streets and other infrastructures.
 Assisted a local recycling company with identifying
opportunities for increasing plastic recycling at the
city level, including possible ordinances and policies.
Arranged opportunities for key city officials to visit the
client’s plant and installations in Houston, Texas.
Public Finance
 Representation of the Administrative Agent in
the restructuring and substantial amendment of
three biofuels credit facilities aggregating $150
million, including provision for additional equity and
subordinated debt facilities.
 Representing an underwriter in connection with the
first $1 billion transaction involving new “Build America
Bonds” for a regional transportation authority). Also
$282 million (including Build America Bonds) for
financing a hospital for a major Texas County. Lastly,
$86.5 million for the financing of general governmental
projects and the refinancing of variable debt rate for an
Alaska borough.
 Engaged by a newly formed New York real estate
investment trust to assist in establishing and
monitoring a new commercial mortgage loan
origination platform, including creating agreements
with third-parties to handle underwriting, origination
and servicing.
 Representing a major Texas city as bond counsel in
the issuance of $15.3 million in tax notes, $75 million
in general improvement bonds, and $85 million in
certificates of obligation. Also, cleared some 200
accounts representing remaining amounts from
previous debt issuances by issuing $30.1 million tax
notes. In addition, created a new local government
corporation to redevelop the central park area.
Government Relations
 Assisted a large food service company with its request
to the local city council in regards to constructing a
recycling center next to their plant facilities. The local
city council agreed with our client and the Solid Waste
Department was requested to drop the site and look for
another location.
 Continuing many years of representation of a major
state agency, assisted in legislative authority for
funding catastrophe claims for the Texas Windstorm
Insurance Association and selected as bond counsel for
structuring three classes of public securities (including
commercial paper) which could total $2.5 billion per
year.
 Advised a national urban air research center in
collaborating with key city officials and local
stakeholders to help the community become
more familiar with the center’s research work. The
Government Relations Practice Group worked in
conjunction with Winstead’s Austin office to arrange
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 Representing a national investment bank in connection
with the issuance of $82 million in revenue bonds
to finance the construction and operation of 1,500
family housing units at Fort Huachuca and Yuma
Proving Ground, Arizona, for the United States Army.
Also representing two national investment banks in
connection with the issuance of $82 million in senior
debt obligations by the Army Air Force Exchange
Service to finance the construction of a lifestyle center
at Fort Bliss, Texas.
 Representing an underwriter in the issuance of $85
million in unlimited tax school building bonds for the
Conroe Independent School District.
million in airport system senior lien revenue and
refunding bonds for the City of Houston.
million in unlimited tax school building bonds for the
Corpus Christi Independent School District.
 Represented a national hospitality company in
connection with the financing and structuring of a
1,000-room, $500 million Dallas convention hotel.
 Representing an underwriter in the issuance of $7.9
million in contract revenue bonds for the Development
Authority of Pearland.
 Representing an Alaska Borough as bond counsel
in the issuance of $244.2 million in lease revenue
bonds for the financing of new correctional facilities.
Also, assisting in the negotiation of a construction
management agreement and a lease-purchase
agreement with the State of Alaska.
 Representing a Texas city as bond counsel in the
issuance of $2.4 million in limited tax bonds and $6.8
million in limited tax refunding bonds.
 Representing a Texas city as bond counsel in the
issuance of $1.8 million in general obligation refunding
bonds and $4.4 million in certificates of obligation.
Texas county by assisting in drafting legislation
concerning hotel occupancy tax and as bond counsel
for issuance of $13 million in debt for an exposition
center.
 Representing a special improvement district as
disclosure counsel and served as underwriter’s counsel
for the issuance of the district’s first public bond
offering, $22.5 million in limited ad valorem tax utility
system bonds. The funds will be used to reimburse the
developer for costs related to construction of public
improvements, facilitating a major 1,000-room resort
hotel and two PGA Championship golf courses in San
Antonio.
million in unlimited tax road bonds, $49.5 million in
pass through revenue and limited tax bonds, and $7.9
million in combination tax and revenue certificates of
obligation for major road construction projects.
 Serving as general counsel to the governmental entity
that owns a $300 million, 800-room convention center
hotel in Austin.
 Representing a college district as bond counsel in
the issuance of $4 million in limited tax bonds and
$3.2 million in maintenance tax notes. Also served
as special counsel in response to an Internal Revenue
Service tax inquiry.
million in first tier revenue refunding put bonds for
the Texas Transportation Commission Central Texas
Turnpike System.
 Representing the bond insurer in the issuance of
approximately $260 million in pilot revenue bonds for
Yankee Stadium.
metropolitan water district by assisting in legislative
efforts to save the district; extended letter of credit for
commercial paper program; and issuing $90 million in
refunding bonds.
 In collaboration with many other lawyers in the firm,
representing a major airline in renovation of Love Field
Airport.
state agency by replacing the credit provider in variable
rate transactions.
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 Organized and obtained all state regulatory approvals
required for creation of a minority-owned life, accident
and health insurance company.
 The Public & Regulatory Law Practice Group primarily
focuses on the Department of Insurance, the
Banking Department and other Finance Commission
constituencies, the Public Utility Commission of Texas,
the Texas Commission on Environmental Quality and
the Railroad Commission. The following are some
notable matters handled over the past year:
 Led interdisciplinary team in representation of Swiss
company in evaluation of Texas as location for a major
clean energy manufacturing facility.
 In another interdisciplinary venture, the Public &
Regulatory Law Practice Group continues to assist
in the redevelopment of a major Texas airport This
multi-year project calls upon many areas of the firm’s
expertise, including real estate, public finance and
environmental law.
 Negotiated a multimillion dollar settlement for a
reinsurer of major pre-need insurer in receivership.
 Provided regulatory and litigation counsel to the
nation’s largest Pharmacy Benefits Manager.
 Participated in multiple rulemaking proceedings at
various agencies on behalf of clients, including 10 such
proceedings for one client before the PUCT.
 Served as insurance/class action expert in several
national class actions involving the sale of annuities
and the payment of claims under homeowners’
policies.
 Successfully represented the state’s largest electric
generator in a highly contested appeal of the 2009
Congestion Zones approved by the ERCOT Board of
Directors. At stake was a very significant potential
shift in transmission costs to our client. Following a
hearing before the three PUCT Commissioners, the
Commissioners voted to uphold the ERCOT Board’s
2009 Congestion Zone Determination and denying the
attempt to shift new costs to our client.
 Provided ethics counsel to clients on a number of issues
before several agencies, including the Texas Ethics
Commission.
 Our practice group members represented numerous
clients in compliance and enforcement matters
involving the PUCT, Insurance Department, Banking
Department, Office of Consumer Credit Commissioner,
and the Attorney General.
 Representing one of the nation’s largest multistate
electric utilities, the Public & Regulatory Law Practice
Group successfully advocated for an administrative rule
involving disposal of low-level radioactive waste that
provides our client with the new right to a separate
evidentiary contested case hearing, if the client is
unsatisfied with an initial agency determination in a
ratemaking proceeding. Also co-counsel in the related
rate case, as well as proceedings to develop the policies
being adopted by the Texas-Vermont Low-Level
Radioactive Waste Disposal Compact Commission.
 Assisted in negotiation of settlement between a major
health insurer and a hospital over out-of-network
claims.
 Successfully represented a major, national title insurer
and its multiple subsidiaries in a series of hearings
before the Commissioner of Insurance dealing with
rates, rules and several special issues.
 The Public & Regulatory Law Practice Group has
represented the nation’s leading developer of
compressed natural gas fueling infrastructure in
connection with initiatives by the State of Texas, as
well as certain transit authorities and large cities, to
demonstrate the positive benefits from the use of CNG
technology in fleets of vehicles.
 Represented a number of life as well as property and
casualty insurers in individual regulatory approval
matters involving forms, holding company transactions,
rate and financial filings, and investment issues.
 Represented a title insurer and its subsidiary in
an enforcement proceeding at the State Office of
Administrative Hearings in which the Hearings Officer
granted our motion to dismiss a case hotly contested
by the staff of the Department of Insurance, resulting
in a complete win for our clients.
 The Public & Regulatory Law Practice Group
coordinated with an ad hoc coalition to pass state
legislation requiring 50% of the State of Texas vehicle
fleet to utilize alternative fuels, including natural gas,
and to pass legislation that provides $48 million in
grant funding over 8 years at current funding levels for
15
alternative fuel projects for private fleet vehicles. The
group continues to assist with implementation by state
agencies, including a rulemaking project at TCEQ.
 Advising a major real estate developer in connection
with negotiation of agreements with the City of Dallas,
Texas, facilitating development of a future mixed-use
development (including high-rise office, condominium
and retail) in the Central Business District.
 The Electric Industry Team has represented the state’s
largest electric power generation company, which
also is the state’s largest purchaser of wind generated
electricity, in the PUCT’s ongoing implementation of
almost $5 billion in new electric transmission facilities
construction to bring more than 18,000 MW of new
wind generation, securing Texas’ role as the national
leader in development of wind energy.
 Representing a major real estate developer in
negotiating a new corporate headquarters lease with
a tenant for space in an office project in Frisco, Texas,
together with negotiating and documenting (among
other projects) renewals and expansions of two other
corporate headquarters leases in the same office
project.
Real Estate Development & Investments
 Assisting a major real estate firm in connection with
the acquisition of property for a large mixed-use
development in the Central Business District of Dallas,
Texas, together with assisting in other work relating to
development of such project.
 Ongoing representation of a large New York Stock
Exchange shopping center developer and real estate
investment trust in the formation of a joint venture
with German investors to acquire multiple shopping
centers in two states (which are currently owned by
the client and to be contributed to the joint venture),
including negotiation and preparation of a transfer
and contribution agreement, limited partnership
agreement, related entity formation documentation
and conveyance documentation.
 Advising the owner of an office tower in the Central
Business District of Dallas, Texas in connection with
shared parking arrangements with an adjoining office
tower.
 Representing a major bank in connection with the
acquisition and development of various new bank
branch sites in North Texas.
 Legal counsel to one of the nation’s largest wireless
communications service providers in the expansion,
management and maintenance of its wireless network
infrastructure in Arkansas, Louisiana, Oklahoma and
Texas. This representation involved approximately
400 distinct real estate transactions, including land
purchase acquisitions, leases for new communication
facilities, communication facility lease amendments
necessary for the deployment of wireless technology
advances, and communication facility subleases to
other wireless service providers.
 Engaged by a major bank in connection with the
acquisition and development of various new bank
branch sites in Austin, Houston and North Texas.
 Legal counsel to a major financial services firm in
connection with the negotiation of a lease for the
renewal, extension and expansion of its corporate
headquarters lease in Dallas, Texas.
 Representing a growing restaurant chain in connection
with acquisition of sites for new restaurants in its chain
in Fort Worth and Frisco, Texas.
 Serving as general counsel to the land assemblage
and redevelopment authority of a major metropolitan
city acquiring tax delinquent land and subsequent
disposition thereof for affordable housing.
 Represented the Housing Authority of a large
metropolitan county in connection with the acquisition
and development of a first of its kind mixed-use
development directed toward veterans.
 Representation of a top university in connection with
the leasing and development of a major research
facility in Houston, Texas.
16
 Represent several publicly traded royalty trusts on tax
matters.
Taxation, Employee Benefits & Private Business
 Designed and implemented margin tax savings
strategies for oil and gas exploration and production
companies.
 Assisted executives of a privately held company with
avoiding more than $20 million in tax penalties for
parachute payments made in connection with an
acquisition of the company.
 Ongoing representation of a continuing care retirement
community as corporate counsel for the planning of
the project and assisted underwriter and bond counsel
in successfully closing a $166 million tax exempt bond
financing to fund the project.
 Assisted several publicly and privately held companies
amend and restate their deferred compensation plans
to comply with Section 409A of the Internal Revenue
Code.
 Represented owner of luxury automobile dealerships
with a restructure of the organization.
 Assisted in strategy and implementation of
transitioning employee benefit plans for the $600
million acquisition of a public company by a client.
 Advised numerous clients in tax controversy and
litigation matters, including a victory in the U.S. Court
of Federal Claims for the CEO of a major client.
 Assisted a major airline with the negotiation of
collectively bargained retiree benefits.
 Published a significant article in the Journal of Taxation,
a national tax publication.
 Advised a Catholic Archdiocese with respect to the
structure and fiduciary obligations of the Board of
Trustees appointed under the retirement plan.
 Served as legal counsel to China-based NYSE company
in tax planning for U.S. operations.
 Assisted a major hospital group with IRS filings to
correct operational deficiencies under qualified
retirement plans.
 Represented a foreign corporation in connection with
private equity investment and structuring of U.S.
operations.
 Assisted a major bank group with tax compliance for
executive equity and long-term incentive plans.
 Represented numerous foreign investors in structuring
their U.S. real estate ownership.
 Assisted an international conglomerate with the
employee benefits aspects related to the disposition of
domestic subsidiaries.
 Tax planning for restructure of a major medical group.
 Delivered tax opinions for multiple clients relating to
the debt versus equity issue.
 Represented a $400 million Land Fund in connection
with its joint venture structures for large tract
acquisitions in the South and Southwest.
 Represented a real estate company in its formation of
two new funds.
 Advised various exempt organizations with respect
to the Form 990 issues, USBI reporting and director
responsibility.
 Represented a company in its acquisition and operation
of an investment bank.
 Advised accounting firms with respect to voluntary
disclosure of foreign bank accounts.
 Represented a real estate/financial investment group
in connection with finance and joint ventures for
development of town square.
 Assisted owners of a restaurant chain LLC in
implementing a broad-based equity incentive plan in
connection with reorganization.
 Provided tax planning and lead representation for
onshore oil and gas exploration group.
 Provided tax planning and structuring for acquisition
of private jet in sales tax efficient manner for several
privately held businesses.
17
 Assisted owners of insurance agency LLC in
implementing a broad-based equity incentive plan in
connection with reorganization.
opportunities to build overall family net worth laterally, rather
than solely in the senior family member’s generation.
Although tax planning is an important element of estate
planning, we believe it must be coupled with the client’s personal
objectives in building, maintaining and transferring wealth. In
initial meetings with our clients, we strive to understand their
goals, as well as their families, assets, liabilities and overall
wealth preservation and transfer goals. Only then do we
recommend and assist in implementing objective and innovative
solutions and strategies to help our clients achieve and enhance
their goals.
 Assisted utilities company in drafting stock plan
administration procedures.
 Advised physician group on restructuring benefit
programs in connection with reorganization.
 Negotiated and closed partial sale and long-term
$100 million plus development program for oil and gas
interests.
Our attorneys’ expertise extends not only to the planning stages
of a client’s life, but also to the administration, distribution,
funding, tax reporting, beneficial interests and rights, and
fiduciary responsibilities involving trusts and estates.
 Designed and implemented rolling employee deferred
compensation plan for independent oil and gas
company.
 Reorganized a large privately held independent oil and
gas company to virtually eliminate Texas franchise
taxes.
Winstead’s Wealth Preservation attorneys are highly qualified
and offer the finest, yet discreet, counsel to our clients. Several
of our attorneys are board-certified in estate planning by the
Texas Board of Legal Specialization. In addition, our group
includes members of the American College of Trust and Estate
Counsel. And all of our Wealth Preservation attorneys belong
to one or more of the estate planning, probate and transfer
tax sections of the American Bar Association, State Bar of
Texas, or the Austin, Dallas or Houston Bar associations. In
fact, many of our attorneys hold leadership positions within
these groups and are also frequent speakers on a wide range of
topics relating to their practices, including local, statewide and
national engagements, as well as presenting tax-related issues
and comments at IRS tax forums and to the U.S. Department of
Treasury.
 Handled significant Texas sales tax audits for major
Texas sports teams.
 Secured significant ad valorem tax exemptions for
properties held by entities controlled by major Texas
university.
Wealth Preservation
Winstead’s Wealth Preservation Practice Group is focused on
providing sophisticated, innovative and objective legal services
for all aspects of our clients’ wealth preservation and transfer.
We understand that every client, family, trust and estate is
unique, and our attorneys customize their planning to meet
each individual client’s needs. To accomplish this goal, we
work together as a team, drawing from our collective years
of experience to help find the most efficient, cost-beneficial
solutions for our clients. We focus on tax-sensitive estate
planning, estate administration, trust administration, and family
wealth transfer for business executives, professionals, closely
held business owners, and other high-net-worth individuals and
their families.
Our wealth preservation attorneys work closely with our
colleagues from several other areas of the firm, including income
tax, corporate, real estate, and employee benefits to handle all
facets of our clients’ needs, from typical transfer tax issues to the
most sophisticated wealth transfer techniques.
Our attorneys work extensively in tax-efficient planning for
transfers of business interests and family investments, as well as
in structuring the ownership of new businesses and investment
18
LITIGATION & DISPUTE
RESOLUTION DEPARTMENT
jurisdiction over several consolidated cases that were
removed from Louisiana state court to federal court,
but the district court denied the plaintiffs’ motions
to remand. The cases were tried to verdict in federal
district court in four simultaneous jury trials in front
of separate juries for four “bellweather” plaintiffs.
Winstead’s client won. And the judgments were
affirmed on appeal.
Appellate
Appellate
 Winstead successfully convinced the Texas Supreme
Court that the common law elements of a partnership
were not significantly changed under the Texas Revised
Partnership Act. A multimillion dollar jury verdict
against Winstead’s client was reversed.
 A major banking client asked Winstead to assist in
its defense against a multistate attorney general
investigation into interchange fees and charges by VISA
and MasterCard. Winstead’s work resulted in the Texas
A.G. considering favorably the client’s request for an
informal presentation about the issues before the A.G.
makes his decision about any enforcement action.
 The purchaser of a real estate development, where
Winstead’s home builder client was building homes,
obtained a trial court order compelling our client to
turn over four computers to the purchaser’s consultant
for forensic review. Winstead successfully petitioned
the Texas Supreme Court for relief from the trial court’s
order. The case has quickly become the seminal Texas
case on the limits of electronic discovery.
Commercial Litigation
 Defended a national rent-to-own operator in consumer
class actions filed in federal courts in West Virginia and
Massachusetts involving questions of first impression
under state rental and retail installment sales laws.
 An insurance brokerage company’s multimillion dollar
arbitration award was vacated by a Texas trial court.
Winstead was hired for the appeal. The legal principle
in question on appeal was which tribunal decides
objections to arbitrator appointments. Winstead
successfully convinced the appellate court that the
question in first instance must be presented to the
arbitration supervising body and the trial court’s order
was reversed.
 Defended an international natural gas supplier
in litigation over claims arising out of natural gas
purchase and sale pricing issues. The engagement
involved five state class actions in Arkansas state court.
The five cases were dismissed after two appeals and
favorable decisions by the Arkansas Supreme Court.
 A plaintiff filed eleven different state lawsuits for
various coverage claims arising from one transaction to
prevent Winstead’s client from removing the matters to
federal court. The client’s effort to consolidate the case
in the state court was denied. Winstead successfully
convinced a Texas appellate court to quickly review
and reverse the trial court’s denial, which resulted in
the case being successfully removed to federal court.
The court of appeals opinion appears to be the first
appellate decision in Texas jurisprudence that required
a trial court to consolidate cases.
 Represented a national home builder in litigation
resulting in the first and only opinion from the Texas
Supreme Court discussing the obligations of a party
with regard to electronic discovery. In granting our
client’s petition for mandamus, a unanimous court set
forth detailed standards governing electronic discovery
within Texas.
 Represented a global financial services company in
a trespass-to-try title case arising from a judicial
foreclosure on real property and a subsequent
sheriff’s sale. The case involved complex lien priority
and equitable subrogation questions under Texas
law. Winstead’s litigation team obtained a summary
judgment for our client that was affirmed on appeal.
 Winstead’s global energy client was subjected to an
attempt by plaintiffs to certify a personal injury and
property damage class in the Louisiana state court.
Winstead successfully defended its client, both in the
trial court and the court of appeals.
 Served as legal counsel to one of the largest financial
services companies in the United States in a case
arising from a foreclosure sale on real property
conducted to satisfy a homeowners association’s
assessment lien. The case determined the interests of
 Winstead represented a global energy company in
an appeal that involved removal and remand issues
associated with improper joinder questions. The
plaintiffs challenged the district court’s subject matter
19
our client’s vendor’s lien interests in real property. The
client’s interests were determined to be superior to the
interest of the purchaser at a foreclosure sale, based
on constructive notice to the purchaser of the client’s
unrecorded property interests.

Construction
 Representing a publicly traded real estate investment
trust (REIT) headquartered in Houston. The investment
company currently builds and operates shopping
centers and office buildings in more than 12 states,
including Texas. Winstead serves as the chief counsel
for construction for all projects nationwide and is
responsible for the preparation of all construction
related forms and drafting and negotiating most
design and construction contracts. Since June 2008,
Winstead’s construction team has drafted and
negotiated over 90 design and construction contracts
for the company. The firm is also handling a number
of litigation matters for involving landlord/tenant
disputes.
Represented a trust in complex litigation involving
real estate transactions and fiduciary duties. After
summary judgment was entered for the trust in the
trial court, the Dallas Court of Appeals affirmed the
trial court’s decision that the trust had the right to
keep the earnest money, sell certain real property to a
third party and obtain an award of attorneys’ fees and
litigation costs.
 Represented a resort developer in two parallel lawsuits,
one of which is a class action in the Northern District
of Texas, pertaining to the food and beverage credit
program at a resort and subdivision in Whitney, Texas.
 Representing a Dallas-based national airline in
large, highly complex, public/private transaction
involving modernization of Dallas Love Field Airport
in cooperation with the City of Dallas. Matter
involves real estate, public finance and construction of
renovations to terminal concourse and related airport
facilities, including drafting and negotiating numerous
design and construction contracts and purchase
agreements.
 Represented an international oil and gas firm in its
dispute resolution and collection activities. The oil
and gas firm provides consulting, engineering and
environmental services.
 Represented a North American affiliate of a publicly
traded French company in multiple product liability
cases. Presented a training program to the company’s
management and sales personnel to limit exposure to
liability through negotiation of more favorable contract
provisions.
 Advising a leading fabricator for the oil and gas industry
in a breach of contract for construction of semi
submersible floating production unit for use in offshore
hydrocarbon production. Client seeks recovery of
actual damages of $27 million plus interest and
attorneys fees.
 Advised the nation’s largest distributor of trading
cards in the resolution of a trademark and copyright
infringement suit with two large companies.
 Representing an energy company as EPC Contractor
for 2 ethanol refineries in Nebraska and Indiana in
connection with claims for payment; the negotiation
of complex suspension agreements and related
change orders; the filing of mechanics liens on and
the termination of contracts, each with a value of
approximately $230 million and each in the 70-80%
completion range, all arising from non-payment by
the owner, which subsequently filed for bankruptcy
protection. We are not handling the bankruptcy case,
but expect to remain involved in the event of state or
federal court action to foreclose the mechanics liens
and/or to collect payment of the debts.
 Represented one of the world’s largest casing pipe
manufacturers in a multimillion dollar products liability
action.
 Assisted a global alternative energy company in the
arbitration of disputes arising from a steam turbine
generator project in Texas City, Texas.
 Represented a well-known Texas ranching family
in their claims against a natural gas operator for
substantial environmental injuries and intentional
exposure to radiation. The case will be arbitrated in
Harris County.
 Representing a major Texas university in a construction
defect/design defect suit over a $35 million student
services/classroom building.
 Assisting a general contractor in workout arising from
owner financing issues arising from $350 million (plus)
contract for the construction of a major hospital.
Additional work for client included drafting and
20
negotiating: construction contract for 4-story, 197, sq.
ft. expansion for Natural Science Museum; downtown,
high-rise hotel ($34.5 million in construction
costs); and design-build contract for medical device
manufacturing facility.
 Representing a joint venture as EPC Contractor for a $1
billion, 669MW pulverized coal power project under
construction in Arkansas in: (1) claims arising from the
defective design and construction of a 460 foot-tall
reinforced concrete chimney against the subcontractor
furnishing the design and construction of the chimney
and that subcontractor’s performance bond surety.
Client claimed damages in excess of $10 million
and faced project delays and exposure to liquidated
damages substantially in excess of the $10 million, if
a resolution of the chimney defects was not quickly
reached and agreed upon with the owner. These
claims were settled on a confidential basis favorable
to the client; and (2) claims against the project owner
for force majeure arising from weather delays to the
critical path of construction in excess of $10 million.
This claim is ongoing.
 Representing a major regional hospital in drafting and
negotiating Construction Manager at Risk contract for
construction of a new hospital campus that will include
construction of a new 862-bed hospital, outpatient
center and related improvements.
 Representing an integrated engineering, construction
and technical services organization in a variety of
litigation matters in Texas. Specifically, representing
the client in litigation against a surveying and mapping
company in a dispute regarding subsurface utility
engineering (SUE) services for the Spur 601 Project in
El Paso, Texas. Also defending the client in a negligence
suit filed by property owners who have experienced
flooding following the design and construction of U.S.
Hwy. 183A in Austin, Texas.
Energy & Environmental Law
Legislative Matters
 Advised an integrated energy company engaged
primarily in electric power production and retail
distribution operations Successfully advocated for an
administrative rule that provides our client with the
right to trigger an evidentiary contested case hearing,
if the client is not satisfied with an initial agency
determination in a ratemaking proceeding, which
will give our client leverage in negotiations regarding
rates for disposal of low-level radioactive waste. Also
assisting in other work in the related rate case, as well
as the policies being adopted by the Texas-Vermont
Low-Level Radioactive Waste Disposal Compact
Commission.
 Winstead serves as chief legal counsel to a trade
association representing the general contracting
industry in Texas on various legislative related issues,
including negotiations and drafting proposed legislation
regulating the use of “broad-form” indemnity clauses
in construction contracts and licensing/registration
requirements for contractors for projects in Texas.
Most recent Legislative Session ended in May, 2009.
 Advising a major regional pediatric health care system
in connection with drafting and negotiating design and
construction contracts for $250 million expansion of
medical center complex.
 Assisted a leading provider of natural gas for
transportation in North America. Coordinated with an
ad hoc coalition to pass legislation that requires 50%
of the State of Texas’ vehicle fleet to utilize alternative
fuels, including natural gas, and to pass legislation that
provides $48 million in grant funding over 8 years at
current funding levels for alternative fuel projects for
private fleet vehicles. The legislation is currently being
implemented by state agencies, including a rulemaking
project at the Texas Commission on Environmental
Quality.
 Providing legal counsel to a subsidiary of public housing
authority as general partner in project owner limited
partnership in disputes with the general contractor and
developer of a “tax credit” public-private partnership
structured housing development for low income senior
citizens with a total project cost of approximately $13
million.
 Drafting a $300 million (plus) Construction Manager
at Risk contract for construction of municipal water
treatment facility for a major metropolitan city and its
Water Utility Department.
 Monitored and influenced legislation pending in the
Texas Legislature that could affect the natural gas
industry on behalf of a natural gas pipeline company
and a natural gas exploration and production company.
 Serving as legal counsel to an owner/developer in
a lawsuit involving property damage arising from
structural failures at a $3.5 million golf clubhouse
and restaurant in a private subdivision outside of Fort
Worth, Texas.
21
 Assisted a large industry association with drafting and
providing background support for legislation relating to
regulation of rock quarries.
Litigation Matters
 Advise a chemical manufacturing company in a dispute
regarding responsibility for hazardous substances at a
chemical plant.
 Representing a coalition of companies to convince
the state environmental agency to revise its rules in a
manner and in a time frame that coalition members
desire, and to fend off challenges by other members of
the regulated community.
 Representing the second largest U.S. energy company
in cost recovery action in a state Superfund matter
involving over 1200 parties.
Administrative Matters
 Assisting one of the world’s leading energy companies
and a large waste management company with
responding to a Unilateral Order enforcement action
from USEPA.
 Representing a client in developing a residential
subdivision expected to include nearly 1,000 homes
in a contested matter pending at the State Office
of Administrative Hearings involving a wastewater
treatment plant application.
 Representing a trust in a lawsuit seeking damages
against a major production company for failure to pay
royalty on natural gas liquids and residue gas, which are
being bartered to treatment facility in exchange for the
removal and return of CO2 to the unit for reinjection in
connection with enhanced oil production operations.
 Advised a client in a contested application involving
a contested wastewater treatment plant permit
filed with the Texas Commission on Environmental
Quality, which was successfully settled after extended
negotiations with the parties involved.
 Defending a petroleum consulting firm and one of
its officers in a case filed by a bankruptcy trustee,
alleging breach of fiduciary duty, fraudulent transfers,
preferential payments and money received.
 Assisted one of the largest electric utilities companies
in the United States with complex air quality
permitting issues at a state environmental agency. The
issues are being monitored by environmental groups
and the U.S. Environmental Protection Agency.
 Representing a Tarrant County landowner in
hydrocarbon pipeline condemnation suit filed by a
common carrier under eminent domain law.
 Legal counsel to a leading supplier of cement,
aggregate and consumer product building materials.
Represented client in a hotly contested renewal of
air permit under the Texas Clean Air Act, including
responses to contested case hearing requests and
motions for rehearing.
 Serving as legal counsel to mineral interest owners in a
lawsuit for nonpayment of oil and gas royalties against
lessees who claim that production on the leased
premises by a separate entity does not trigger duty to
pay royalty under the applicable lease.
Regulatory Matters
 Representing a major land and petroleum exploration
company in lawsuit challenging the validity of liens
filed against Winstead’s client’s mineral interests
by oilfield supply companies in various West Texas
properties.
 Representing a client in the transfer of a Certificate
of Convenience and Necessity for a public water
system that is pending at the Texas Commission on
Environmental Quality.
 Represented a food manufacturer in a contested
application for a Prevention of Significant Deterioration
air permit that was successfully settled in alternative
dispute resolution prior to a hearing on the merits.
 Defending a leading energy company in numerous
litigation matters, including one breach of trade secret
case; defective design and construction of steam
turbine generator case; and an East Texas case seeking
surface damages.
 Engaged by a seller in a real estate transaction
involving contaminated property in which both the
seller and the buyer obtained an Innocent Owner/
Operator Certificate from the Texas Commission on
Environmental Quality.
 Served as legal counsel to a mineral exploration
company. Won a major jury trial in Refugio County.
Currently defending the appeal from directed verdict in
client’s favor.
22
and prosecuting patent applications for a wide
range of technologies, such as computers, software,
nanotechnology, semiconductor processing and
electrochemical applications.
Transactional Matters
 Representing a one of the world’s leading energy
companies in a pipeline sale in Texas.
 Advising a worldwide information technology company
in protecting their intellectual property, including
preparing and prosecuting patent applications for
a wide range of technologies, including computers,
software, communications, electronics, circuits and
e-commerce.
Labor & Employment Matters
 Assisted an independent crude oil and natural gas
exploration and production company in the dissolution
of its pension and health benefit plans.
Energy Lending Matters
 Representing a Houston architectural firm in a
copyright infringement case against several defendants
who have misappropriated the client’s architectural
designs for Speedy Stop gas stations.
 Advise client with environmental aspects of
multimillion dollar re-financing of electric generating
plant, including negotiating the environmental
provisions in the re-financing documents and
providing an opinion regarding plant’s compliance with
environmental permitting requirements.
 Currently a leading telecommunications company in
its entry into the medical device arena by conducting
a comprehensive review of the relevant regulations
applicable to medical device installers promulgated by
all fifty states and the FDA.
Intellectual Property
 Represented a manufacturer of oil field drill bits as a
defendant in patent litigation in the Eastern District
of Texas, Tyler. Companion litigation was against
defendants Halliburton and Baker Hughes. Plaintiffs
asserted 12 patents, several hundred claims, covering
treated diamond coated inserts for oil field drill bits.
The case settled in September, a few weeks prior to
trial on terms that our clients were especially pleased
with relative to results achieved by other defendants.
 Successfully represented the plaintiff in a trademark
infringement matter. The case terminated with the
defendant changing its name.
 Represented a plaintiff in a patent infringement matter.
The case terminated in a successful settlement.
 Successfully represented the defendant on their mark
“Drill Tech.” The case terminated with our client’s mark
issuing.
 Assisted in a massive patent filing project that will
result in major patent prosecution over the next two
years. The client is filing 300+ national phase patent
applications in the U.S. Patent Office prior to March
2010. The applications are directed to the stateof-the-art peptide drugs that have been implicated
in the treatment of disease conditions such as HIV,
angiogenesis and apoptosis.
 Serving as legal counsel to a leading provider of globalinfrastructure solutions in technology, information
services and staffing acquisition in strategically
procuring patent protection covering important
proprietary technologies.
 Managing a large intellectual property identification
and due diligence effort for an international data
protection solution provider.
 Assisting new CEO in extensive contract review and
license negotiations involving other practice groups in
the firm.
 Currently assisting client in obtaining worldwide patent
protection for its designer dairy beverages and related
processes.
 Successfully represented an oilfield service company
in defending its patent in a reexamination proceeding
instituted in the U.S. Patent and Trademark Office by an
oilfield service company that was sued for infringement
of the client’s patent.
 Obtained patent protecting organization of two and
three dimensional image data for Swiss-Swedish
multinational corporation. The client is one of the
largest engineering companies in the world operating
primarily in the power and automation technology
areas.
 Representing a large Texas university in protecting their
intellectual property, including reviewing invention
disclosures for licensing potential and preparing
23
 Assisted a production company with research and
documentation regarding alleged multi-country
copyright infringement and in preparation of cease and
desist letter for foreign counsel.
for example, Baylor College of Medicine, St. Luke’s
Episcopal Health System, and The University of Texas
M.D. Anderson Cancer Center) in evaluating and
obtaining intellectual property and software licenses.
Labor, Employment & Immigration
 Representing a Houston glass company against several
defendants for copyright and trademark infringement
case.
 After obtaining summary judgment for a large financial
services company on a former employee’s claims for
age, race and sex discrimination claims, successfully
defended client in connection with plaintiff’s appeals
to the Fifth Circuit Court of Appeals and United States
Supreme Court.
 Representing a fiber reinforced polymer manufacturing
company (defendants) in patent infringement case.
Won case at distinct court level in summary judgment.
Prevailed at Federal Circuit Court of Appeals as well.
Case marked precedential.
 Winstead was retained by a national home
improvement products retailer to assist in both the
selection and training of its third party administrator
(TPA). The new TPA will administer, on a national
basis, all workers’ compensation, Texas nonsubscriber,
customer, vendor and general liability claims and
litigation for the company. Winstead has, in this past
year alone, defended the company in 25 lawsuits,
predominately on nonsubscriber-related claims,
throughout Texas. In addition, our employment
lawyers provide daily legal counsel to the new TPA and
their contacts at the company on claims issues arising
under their Texas Employee Accident Plan.
 Advising an owner and operator of a leading online
insurance marketplace. Representing client as a
defendant in a patent infringement suit involving
customer lead generation, internet technology in the
Eastern District of Texas. We also represented client
as a plaintiff in a counter-patent infringement suit
in the Southern District of California. The plaintiff
in the Eastern District of Texas case recovered about
$40 million against the last defendant it sued for
infringement of their patent. Winstead helped
facilitate a settlement that consisted of a cross-license
to the patents-in-issue and our client not paying any
damages or royalties. The general counsel for our
client commented that this may have been his best
experience working with a law firm, considering the
result, the fees charged and how we appreciated and
followed their budget and business goals.
 At the request of a fast-growing regional restaurant
chain, prepared C-level Employment Agreement, Profit
Interest and Capital Interest Agreements for executive
team.
 Preparing patent applications covering innovations
developed by a global provider of engineering services
for chemical process technologies.
 Engaged by a prominent national restaurant group
to defend various charges filed with the Equal
Employment Opportunity Commission and other
employment-related matters throughout the State of
Texas.
 Representing a large public hospital in the selection,
negotiation and engagement of the design and
construction teams for a campus and facility
replacement project estimated at $1.27 billion,
particularly the information systems and technology
agreements for the program controls manager.
 Winstead successfully resolved four employment
lawsuits for this major grocery store chain, including
securing summary judgment as to all of plaintiff’s
claims in one proceeding.
 Advising an oilfield services company in drafting
several patent applications and prosecuting patent
applications before the patent office.
 Defended one of the country’s largest producers/
distributors of food and pet products in claims of age
discrimination and retaliation filed by former officer of
national produce company after performance-based
termination.
 Obtained patents protecting core technologies of
a global usenet service provider relating to Layer-4
switching technologies and a caching, clustering, and
aggregating usenet server.
 Obtained permanent injunction enforcing
non-competition agreement of construction
company’s former sales and business development
representative.  Engaged by a non-profit corporation whose members
are dedicated to improving indigent care (including,
24
 Obtained favorable EEOC determination of charges
alleging race discrimination against personnel services
company.
Weekley Homes challenged the trial court’s order
based on the absence of any showing of good cause
for the invasive computer search and any showing
that Weekley’s computers would have any responsive
information. The Texas Supreme Court granted
the petition and held that the trial court abused its
discretion in granting HFG’s motion. In a case of
first impression in Texas, the Texas Supreme Court
established a requirement that the party seeking the
electronic discovery provide some showing of good
cause, and the Court in its opinion set forth a summary
of the proper procedures for seeking electronic
discovery under Rule 196.4 of the Texas Rules of Civil
Procedure. The case has received significant attention
from litigation and appellate lawyers throughout the
state.
Real Estate Litigation
 The firm recently obtained a favorable opinion from
the Dallas Court of Appeals on behalf of an owner/
seller in Transcontinental Realty Investors, Inc. v. The
John T. Lupton Trust, 286 S.W.2d 635, (Tex. App.—Dallas
2009, no pet. h.) affirming the trial court’s summary
judgment order on the purchaser’s breach of contract
claims. The owner/seller argued that the purchaser lost
its right to purchase based on the purchaser’s failure to
comply with the requirements of an amendment to the
contract. The purchaser claimed that the amendment
was void and that an alleged oral preexisting extension
agreement controlled. The Court of Appeals agreed
with Winstead’s argument that the oral agreement
was merged into the fourth amendment, and became
unenforceable as a result of the purchaser’s breach
of the fourth amendment, and the Court of Appeals
affirmed the summary judgment.
 Winstead is defending a luxury home builder in an
arbitration involving the interpretation of a rollback
tax provision allocating rollback taxes triggered by the
purchaser following the client’s sale of several tracts of
property designated for the open lands exemption.
 Winstead recently tried a case before a Dallas jury
regarding the propriety of hospitality credit program
fees established by the developer and assessed by the
property owner’s association.
 Winstead assisted property owners in connection with
a dispute between the owners of a contiguous property
and the City of Dallas. Our clients sought to enjoin the
construction of a road and the destruction of trees on
and near their property, and Winstead was successful
in obtaining a temporary restraining order to prevent
the contiguous owners and the City from cutting trees
on the disputed property. Just prior to the temporary
injunction hearing, the City filed a plea to the
jurisdiction, which the trial court granted in part and
denied in part. The City immediately filed a motion to
appeal, which by statute stayed all proceedings in the
trial court and precluded the trial court from moving
forward with injunctive relief thereby permitting the
City and the contiguous land owners to move forward.
Winstead’s attorneys filed an emergency motion with
the Dallas Court of Appeals seeking an emergency
order to prohibit any action with respect to the
property. Within one business day of the City’s filing
its notice of appeal, Winstead successfully obtained an
emergency order from the Court of Appeals staying all
acts with respect to the property. This matter is still
pending.
 Winstead defended a client in a partnership dispute
that was tried to a jury involving, among other issues,
the payment of real estate taxes.
Tort & Insurance Litigation
 Representation of a nursing home group as lead
counsel in more than 15 new lawsuits, including claims
of wrongful death, nursing home negligence and
employment disputes.
 Assisted a bank’s legal counsel with trying a case as a
defendant, with a counterclaim for breach of guaranty
agreement. After a two-week trial, the client won
completely as both a defendant and as a plaintiff,
securing a nearly $4 million judgment for the bank
against the plaintiff/borrower.
 Won an appeal out of the El Paso Court of Appeals
reversing and rendering a take-nothing judgment in
favor of Winstead’s clients who were defendants in
the case. After a three-week trial, the trial court had
erroneously submitted issues to the jury resulting in a
nearly $15 million judgment against our clients.
 Weekley Homes, LP, No. 08-0836, 2009 Tex. Lexis,
630 (Tex. August 28, 2009) - Winstead represented
the largest privately-held home builder in America in
a dispute with HFG Enclave Land Interest, Ltd. HFG
obtained from the trial court an order granting access
to four of Weekley Homes’ computer hard drives for
inspection by HFG’s computer forensic specialist.
25
26
Professional Excellence
Diversity Committee Report
Community Relations & Pro Bono Report
Leadership Winstead
New Attorneys &
Newly-Elected Shareholders
27
PROFESSIONAL EXCELLENCE
Honors
 San Antonio Office
Winstead’s San Antonio office expanded to the Bank of
America Plaza located at 300 Convent Street,
Suite 2700.
 The Best Lawyers in America 2009
Fifty-eight Winstead attorneys were selected through
a peer-review survey of top attorneys in the country.
Out of more than 1,400 law firms with attorneys
listed in Best Lawyers, Winstead ranked: first in Texas
in Insurance Law, Equipment Finance Law, Land Use &
Zoning Law, Sports Law and Real Estate Law.
 Winstead launches new industry group
Winstead announced the formation of a new real
estate subgroup, the Leasing and Asset Management
Industry Group. This newly formed team of attorneys
is focused on helping businesses seeking to reduce their
costs by downsizing facility space, adjusting rentals
and/or modifying lease structures; whether landlord or
tenant, and regardless of the type of property involved.
 Texas Monthly: Texas Super Lawyers 2009
Forty-three of the firm’s attorneys were selected as
Texas Super Lawyers by Law & Politics magazine. The
annual Texas Super Lawyers list honors Texas’ top
lawyers based on surveys of more than 57,000 active
attorneys across the state. The final list—only 5
percent of Texas’ licensed attorneys—is one of the most
comprehensive and diverse listings of top lawyers in
Texas.
 Joel Reese appointed to the Advisory Council of the
Texas Tech Rawls College of Business.
 Greg Erwin and Greg Zimmerman named the new
leadership team of Winstead Real Estate Development
and Investments Practice Group. Erwin will serve as
practice group leader and Zimmerman will serve as his
deputy.
 Texas Monthly: Rising Stars
Twenty-two Winstead attorneys were named Rising
Stars. Only 2.5 percent of Texas attorneys receive this
honor every year.
 Chambers USA: Leading Lawyers 2009
Fifteen Winstead attorneys from six different practice
areas ranked among the top attorneys of their field in
the United States. Winstead practice areas receiving
the highest marks were: Real Estate, Banking & Finance,
Environment, Construction, Tax and Insurance.
 Thomas Forestier named managing shareholder of
Winstead’s Houston Office.
 D Magazine: Best Business Lawyers 2009
Fifteen Winstead attorneys were selected as Best
Business Lawyers whose work is ranked among the best
in their areas of practice.  Roland Love received Texas Land Title Association’s
Professional Excellence Award.  Adam Darowski appointed by the Coppell City Council
as a regular member of the Special Counsel of the City
of Coppell.  Joe Fonlon, Emily Herbster, and Carmen Ng
graduated in the Houston Young Lawyers Association
Leadership Academy Class of 2008-2009.
 Fort Worth, Texas Magazine
Seven Winstead attorneys were selected as Tarrant
County’s Top Lawyers.
 Derek Fletcher elected as a Fellow of the prestigious
American College of Trust and Estate Counsel.
 2009 Pro Bono Award
Winstead recognized as the “Outstanding Clinic
Sponsor” by the Dallas Bar Association. Winstead
attorneys volunteered the most hours in 2009 at
DVAP’s clinics compared to other firms involved in
DVAP efforts.  Dan Susie elected as a Fellow to the Texas Bar
Foundation.
 Thomas E. Reddin named chair of Winstead’s Labor,
Employment & Immigration Practice Group.
28
 G. Thomas Boswell reappointed for a one-year term
on the executive committee, compensation committee
and quality committee for Cook Children’s Health
System and Foundation. Tommy also reappointed to
the executive committee and finance committee for
the Fort Worth Museum of Science and History.
 Mike Cook has joined the board and executive
committee of PeopleFund, an Austin organization
engaged in community lending that creates jobs,
provides safe and affordable homes, and promotes
good economic policy decisions for communities.  Elisabeth Wilson elected to serve as a director of the
Dallas Hispanic Bar Association.
 Roland Love wins Texas Land Title Association’s
Professional Excellence Award, which honors
exceptional contributions and extraordinary
achievement by those employees who exhibit
outstanding customer service.  Cheryl Camin selected as an ABA National
Outstanding Young Lawyer Award Finalist.
 Ross Margraves was named to Governor Rick Perry’s
Commission for Disaster Recovery and Renewal.
 David F. Johnson becomes certified in Civil Trial Law
by the Texas Board of Legal Specialization. David is
now certified in three areas: Civil Appellate Law, Civil
Trial Law, and Personal Injury Trial Law. He is the
youngest practicing attorney in Texas to have this triple
certification.  Barry Knight received inaugural Impact Award from the
North Texas Housing Coalition.
 Paul Wageman and Dan Branch listed as 2009 Tech
Titans, which recognizes technology, innovation and
leadership in Dallas/Fort Worth.  Tom Forestier appointed again to the steering
committee for the Texas Minority Counsel Program,
whose mission is to increase opportunities for minority
and women attorneys who provide legal services to
corporate and government clients.
 Cheryl Camin and Talmage Boston both received
Presidential Citations from Dallas Bar Association
(DBA) President Christina Melton Crain at the DBA’s
annual meeting. Cheryl received the award for her
significant role in coordinating a DBA Rule of Law
seminar, the first and only one of its kind in Texas, while
Boston was recognized for his work as chair of the State
Bar of Texas’ annual meeting.
 Daniel Vineyard elected to the board of directors as
vice president of The Woodlands Bar Association.
 Peyton Smith invited by the Advisory Board of the
Litigation Counsel of America to serve as a Fellow in the
Trial Lawyer Honorary Society.
 Chairman Emeritus Mike Baggett was named Dallas
Regional Chamber Chair of the Board-Elect at the
organization’s Annual Meeting. Mike served as a
speaker at the annual meeting that brings together
business community leaders to review the Chamber’s
accomplishments and looks ahead to future initiatives.
 David Staas voted as one of Houston’s Top
Professionals on the Fast Track.
 Kyle Watson selected president-elect of the
Montgomery County Bar Association and will assume
the position beginning 2010.
The honors and recognition listed here are a
representation of some of the firm’s accomplishments.
Visit winstead.com for an expanded list of
accomplishments.
 Denis Braham named one of 2009 Lawdragon’s “100
Managing Partners You Need to know.”
29
DIVERSITY COMMITTEE REPORT
Winstead Juris Doctor Scholarship
Diversity is an essential ingredient of Winstead’s culture and
success. Our firm is strongly committed to the recruitment,
retention, development and advancement of men and women of all
backgrounds so that our workforce reflects the diversity of our clients
and our communities. This commitment to diversity applies to our
attorneys, staff and to the selection of our business partners and
vendors.
Winstead’s Diversity Committee leads efforts for the
annual Winstead Juris Doctor Scholarship, a scholarship
program aimed to enhance the recruitment of diverse
candidates at Texas law schools. Through the scholarship
program, Winstead awards three $20,000 scholarships
annually to first-year, underrepresented, diverse
law students at the following Texas law schools: The
University of Texas School of Law, The University of
Houston Law Center, and Southern Methodist University
Dedman School of Law.
Winstead has refocused its efforts and resources to achieve
meaningful increases in diversity within our firm. And although we
are proud of our progress, we recognize that we must continue to
set new goals and expand our efforts. We appreciate our attorneys
who have contributed to the success of our diversity efforts. We look
forward to continued success in the years to come.
Organizations and Activities
Because diversity requires not just ideas, but action and
support, Winstead actively participated in and sponsored
a number of key organizations and events, including the
following:
Through the efforts of Winstead’s Diversity Committee, we have
systematically implemented activities to ensure the success of
our diverse lawyers. These activities include monitoring case
assignments for participation of diverse attorneys; skill strengthening
and mentoring for all attorneys; introducing diverse attorneys to
key clients for fostering lasting relationships; and revising the firm’s
alternative work policy, mentoring program and assignment systems.
-Jackie Robinson Foundation Scholarship
-Anti-Defamation League Torch of Liberty Dinner
-UT Chicano Hispanic Law Students Association
-Texas Minority Corporate Counsel Program
-Asian American Bar Association of Houston
-National Bar Association Convention
-Hispanic Bar Association of Austin
-Hispanic Bar Association of Houston - President’s Day
-Houston Association of Black Journalist Gala
-Houston Diversity Council
-The Real Estate Council Diversity Program
-Thurgood Marshall Legal Society
-Tomorrow’s Attorneys Pipeline Program
-Southeastern Minority Job Fair
-Sunbelt Minority Job Fair
Listed below are a few noteworthy accomplishments for 2009.
Women’s Alliance
The Women’s Alliance was organized to address topics
of interest to women at the firm, such as business
development and leadership opportunities, retention
rates and alternative work schedules.
The Women’s Alliance continues to flourish as the
firm’s female attorneys participate in firm-wide and
local events that focus on issues affecting women in
the legal profession. This year, the Women’s Alliance
hosted a client fashion show benefiting Dress for Success
Austin, an organization dedicated to promoting the
economic independence of disadvantaged women. In
Dallas, the Women’s Alliance also hosted a client dinner
benefiting The Wilkinson Center, whose mission is to
provide pathways to self-sufficiency for families living in
poverty. The Women’s Alliance also served as a sponsor
of DirectWomen, which promotes women leaders among
boards of U.S. companies.
30
DIVERSITY COMMITTEE MEMBERS
Winstead’s Diversity Committee identifies, develops and implements business opportunities for the recruitment,
retention and promotion of minority attorneys and women attorneys at our firm. For example, Winstead’s
Diversity Committee discovers and evaluates events such as conferences and other networking opportunities
that promote its minority and women attorneys. The Diversity Committee also determines areas of
improvement in the firm’s mentoring and inclusion of diverse attorneys.
Thomas J. Forestier
Teresa Schneider
Herb Albritton
Dominique Anderson
Chair, Diversity Committee
Chair, Women’s Alliance
Executive Director
Director of Recruitment
Zeena Angadicheril
Yasmin Islam Atasi
Paige Ingram Castañeda
Joseph Kilian B. Fonlon
Keneisha M. Miller
Carmen Ng
Brooke J. Reynolds
Patty Stewart
Director of HR
Alex S. Valdes
Kirk R. Williams
31
COMMUNITY RELATIONS AND PRO BONO REPORT
Committed to our Communities
Winstead’s commitment to serving our communities dates back to the firm’s inception. We support our communities by providing pro bono
legal assistance to low-income individuals and non-profit organizations, supporting charitable organizations, volunteering our time as board
members and assisting with fundraising projects. Some of the organizations Winstead proudly supported in 2009 include:
Academy of Medicine, Engineering and Science of Texas
AEGON Foundation
American Cancer Society
American Diabetes Association
American Heart Association
American SIDS Institute
Arthritis Foundation
Asian American Forum, Inc.
Attorneys Serving the Community
Austin Children’s Museum
Austin Museum of Art
Avalon Place Property Owners’ Association
Big Brothers Big Sisters of Central Texas
Boy Scouts of America
Boys & Girls Clubs of the Capital Area
British American Business Counsel - DFW Foundation
Cancer Foundation
Candlelighters Childhood
Captain Hope’s Kids
CASA
Catholic Charities of the Archdiocese of Galveston-Houston
Children’s Justice Project
Colorado River Foundation
Contact Crisis
Cook Children’s Health Care System
Crystal Charity Ball
Cystic Fibrosis Foundation
Dallas Center for the Performing Arts
Dallas Lutheran School
Dallas Opera
Dallas Regional Chamber
Dallas Symphony Orchestra
Dallas Tennis Association
Dallas Texans Soccer Club
Dallas Theater Center
Dallas Zoological Society
Dallas/Fort Worth Hospital Council
DaVinci School
DIAL - Developing Independent Adult Living
Disabled American Veterans
Dispute Resolution Services of Tarrant County, Inc.
Downtown Dallas
El Paso Symphony Orchestra Association
Entrepreneur’s Foundation - Freedom Day
Eugene Field Elementary School
Family Eldercare
First Tee of Dallas
Forest Heights Neighborhood Development Corporation
Fort Worth Museum of Science and History
Foundation for Arlington Youth
FUNED, Honduras
Grace Church Frisco
Greater Dallas Chamber Young Professionals
Greater Dallas Council on Alcohol & Drug Abuse
Greater Houston Convention and Visitors Bureau
Habitat for Humanity
Harris County Healthcare Alliance
Harris County Precinct One
Helping Hand Home for Children
Heritage Society of Austin
Hidalgo Foundation of Bexar County
Hill Country Conservancy
Houston Golf Association
Houston Grand Opera
Houston International Seafarers’ Centers
Houston Livestock Show and Rodeo
Houston SPCA
Houston Super Bowl XLVI Bidding Committee
32
Houston Technology Center
Interfaith of The Woodlands
Jackie Robinson Foundation
Jesuit College Preparatory School Young Alumni Association
Jewish Community Center of Dallas
Jewish Federation of Greater Houston
Joe Sample Youth Organization, Inc.
John H. Reagan Elementary School – Dallas
Kardivas, Inc.
Kids Who Care, Inc.
KIPP, Inc. (Knowledge is Power Program)
Pulmonary Hypertension Association
Rainbow Days
Ronald McDonald House
SER Jobs For Progress
South Montgomery County YMCA
SPCA
Special Olympics
St. Jude Children’s Research Hospital
State Fair of Texas
Susan G. Komen for the Cure
Texas Alcoholism Foundation
Legal Aid of Northwest Texas
Lone Star Girl Scout Council
Lyric Opera of Austin
Make-A-Wish Foundation
March of Dimes
Meals on Wheels and More
Medina Valley ISD Education Foundation
Muscular Dystrophy Association
National Multiple Sclerosis Society
Partners in Education- Travis Heights Elementary
Paws for Patriots
Post Oak Family YMCA
Promise House, Inc.
Texas Community Building with Attorney Resources
The Helping Hand for Children
The Leukemia & Lymphoma Society
The Woodlands Arts Council
TITAS
Twilight Wish Foundation
United Way of America
VICTORY Board
Volunteer Legal Service
West Austin Youth Association
Women Helping Women
Woodlands Rotary Club
YMCA
The community and pro bono service listed here are
a representation of some of the firm’s activities.
Visit winstead.com for an expanded list of activities.
33
LEADERSHIP WINSTEAD
Congratulations to the members of Leadership Winstead 2009. And special appreciation to the coordinating shareholders
of Leadership Winstead 2009, Nancy Furney and James Ruiz.
Leadership Winstead is a program designed to reward those associates in the firm who have demonstrated a high level of
leadership, loyalty, and work ethic by (a) further developing in those associates the core values and history of Winstead;
(b) exposing associates to the business side of the firm; (c) developing our associates’ leadership potential and skills; and
(d) enhancing our associates’ overall experience with the firm. Senior shareholders assist by developing an agenda for
interactive programs on various topics. The associate members and shareholder advisors meet formally once a month
with more informal settings throughout the year.
Nancy W. Furney
Coordinating
Shareholder
James G. Ruiz
Coordinating
Shareholder
Corby Brooks
Jeanne Marie Caruselle
Adam S. Darowski
Matthew T. Ferris
“Erik” Weiting Hsu
Koy R. Killen
Dana E. Lipp
Daniel M. Martinez
Kristina Fumiko Rollins
William R. Rohrlich II
Carolyn A. Rupprath
Kristen L. Sherwin
34
NEW ATTORNEYS
Elizabeth Chumney Breazeal – Of Counsel
San Antonio, Real Estate Development & Investments
Lloyd A. Lim – Associate
Dallas, Business Restructuring/Bankruptcy
Marcus D. Brown – Associate
Dallas, Labor & Employment
Michael P. Massad, Jr. – Shareholder
Alisa C. Brownlow – Associate
Houston, Finance & Banking
D. Farr Nolen – Associate
Cheryl S. Camin – Shareholder
Dallas, Corporate, Securities/Mergers & Acquisitions
Frank Z. Ruttenberg – Shareholder
Benjamin G. Carter – Of Counsel
Dallas, Wealth Preservation
Michael P. Springer – Shareholder
Sean B. Davis – Associate
Houston, Business Restructuring/Bankruptcy
Douglas E. Stewart – Shareholder
Jennifer Tjia Foringer – Associate
Austin, Energy & Environmental Law
Justin B. Whitley – Associate
Houston, Commercial Litigation
Linda M. Glover – Shareholder
Houston, Commercial Litigation
Elisabeth A. Wilson – Associate
Lekha Gopalakrishnan – Shareholder
Dallas, Intellectual Property
NEWLY-ELECTED SHAREHOLDERS
Alexander R. Allemann – Shareholder
Austin, Corporate, Securities/Mergers & Acquisitions
Noelle L. Garsek – Shareholder
Dallas, Real Estate Development & Investments
Elliot Clark – Shareholder
Austin, Commercial Litigation
Justin A. Hoover – Shareholder
Fort Worth, Corporate, Securities/Mergers & Acquisitions
Eli O. Columbus – Shareholder
Joshua L. Lebar – Shareholder
Houston, Real Estate Development & Investments
Lorin Williams Combs – Shareholder
Dallas, Real Estate Development & Investments
Robert A. Voigt, Jr. – Shareholder
Austin, Intellectual Property
35
Winstead Commitment to Clients and our Core Values
Office Locations
Commitment to Clients
We are more than just your attorneys—our knowledge of your business and industry makes
us an extension of your core business team. We are practical, roll-up-our-sleeves lawyers
committed to using our broad legal experience to relentlessly pursue innovative solutions on
your terms. Our Core Values include:
AUSTIN
Teamwork
We accomplish more together than we could alone, knowing that inclusiveness is
essential to teamwork, and we are willing to give more than we receive.
Excellence
We expect and accept only the best.
Personal Growth
We challenge ourselves and will continually examine and raise our expectations.
Respect
We respect each other, our clients, our adversaries and the law. We support and take
pride in our firm and each other.
Integrity
We are fair and honest in all we do. The truth is absolute—regardless of consequences.
Dependability
We take responsibility, act professionally and will meet or exceed expectations.
Intensity
We are committed to and relentlessly pursue all we undertake.
Service
We serve our clients, our firm, each other, our profession and our community.
Commitment
We are loyal to our clients and each other, and provide long-term opportunity and
stability.
Winstead Commitment to Diversity
Diversity is an essential ingredient of Winstead’s culture and success. Our firm and
leadership teams are strongly committed to the recruitment, retention, development and
advancement of men and women of all backgrounds so that our workforce reflects the
diversity of our clients and our communities. This commitment to diversity applies to our
attorneys, staff and to the selection of our business partners and vendors. Winstead is proud
to have women and minorities serving at all levels of firm leadership, including the Executive
Committee, as Office Managing Partner, Practice Group Chair, and on many internal
committees and teams.
The 2009 Firm Report is published by Winstead PC for clients and friends of the firm.
401 Congress Avenue
Suite 2100
Austin, Texas 78701
512.370.2800 office
512.370.2850 fax
DALLAS
5400 Renaissance Tower
1201 Elm Street
Dallas, Texas 75270
214.745.5400 office
214.745.5390 fax
FORT WORTH
1100 Carter Burgess Plaza
777 Main Street
Fort Worth, Texas 76102
817.420.8200 office
817.420.8201 fax
HOUSTON
1100 JPMorgan Chase Tower
600 Travis Street
Houston, Texas 77002
713.650.8400 office
713.650.2400 fax
SAN ANTONIO
300 Convent Street
Suite 2700
San Antonio, Texas 78205
210.277.6800 office
210.277.6810 fax
THE WOODLANDS
24 Waterway Avenue
Suite 500
The Woodlands, Texas 77380
281.681.5900 office
281.681.5901 fax
WASHINGTON, D.C.
1120 20th Street, NW
Suite 700, North Building
Washington, D.C. 20036
202.572.8000 office
202.572.8001 fax
©2009 Winstead PC